Agenda and minutes

Council Meeting - Tuesday, 23rd May, 2023 7.00 pm

Venue: via Videoconference. View directions

Contact: Governance 1300 368 333 

Note: 581st 

Items
No. Item

5.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

The Major read the following statement:

 

I am delighted to share with you a good news story about a passionate teen gardener from Montrose. Congratulations to Dekoda Bell for winning the ‘Gardener of the Year Award’ at the Victoria in Bloom Awards.

These awards recognise and reward the great work of gardening enthusiasts living in public or community housing. It’s a way of saying thanks to renters for their hard work to create and maintain amazing gardens that contribute to the communities they live in.

Dekoda discovered gardening just three years ago and recruits his friends for assistance to develop new patches and play an active role in gardening and maintaining a vibrant and healthy community. Well done Dekoda.

6.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

Moved: Cr Cox
Seconded: Cr Higgins

That the Minutes of the Council Meeting held Tuesday 9 May 2023, as circulated, be confirmed.

The motion was Carried unanimously.

 

7.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 66 KB

In accordance with Chapter 7, Rule 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

Minutes:

In accordance with Chapter 7, Rule 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

 

There were no disclosures of conflicts of interest made for this meeting.

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 48 KB

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

Minutes:

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

 

QUESTION 1

Kathy Austin of Montrose, asked: 

While most people are feeling inflation pressure and Victoria already has a $10 million daily interest debt, we obviously need to know how any extra council works will be funded.

Q1 - Please explain exactly where the funding will come from for any implementation of the urban design frameworks in our shire.

Q2. If rate increases are involved, please explain exactly how much per year and for how many years the increases will be charged.

Thanks you.

 

Amanda Kern, Acting Director Planning and Sustainable Futures:

Thank you for your question Kathy.

Currently many of the actions in the UDF are unfunded, this was made clear in reports to Council last year. If the Urban Design Frameworks are endorsed there will be opportunity to advocate for external funding such as State and Federal Government grant funding streams or fund through Councils capital works program. If no funding is secured, then the projects will not go ahead.

An individual project does not determinethe proposed rate increase, but rather the approved rate increase sets the maximum available funds available to deliver prioritised projects in any given year.

 

 

QUESTION 2

Anonymous asked: 

It was reported that the meeting held on Tuesday 11th April was closed due to people in the public gallery ignoring the mayor's ruling not to film the proceedings. On review the actual council's recorded footage at the beginning, where the mayor clearly instructs the public : "Anyone not wishing to be filmed can report to a member of the governance team to my right" is missing.

QUESTION: Why was this important, and relevant footage/audio removed?

 

Andrew Hilson, Director Corporate Services:

Thank you for your question.

A review of the recording has confirmed that theMayor did not make mention of “Anyone not wishing to be filmed’ at the Council Meeting on 11 April 2023.

No edits to the recording for this meeting have occurred.

QUESTION 3

Tammi Rose, Chief Executive Officer:

We received a third Question to Council from an anonymous member of the community regarding 20-minute neighbourhoods. As previously advised, any questions about this topic have been previously answered. Please refer to Council’s website for further information.

 

 

SUBMISSIONS FROM THE PUBLIC

 

Hooning and Speeding – Mount Dandenong

Paul Vonic provided Councillors with an update on the hooning and speeding drivers on Ridge Road and Osprey Road, Mount Dandenong.

The Mayor referred the matter to the Director Built Environment and Infrastructure for further investigation.

 

 

 

9.

PETITIONS pdf icon PDF 73 KB

In accordance with Chapter 3, Rule 60, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

Minutes:

In accordance with Chapter 3, Rule 60, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

 

There were no Petitions received for this meeting.

10.

BUSINESS PAPER

10.1

CT7063 – Provision of Fire Slashing Services pdf icon PDF 199 KB

Additional documents:

Minutes:

SUMMARY

This report summarises the evaluation process, seeks Council approval to progress contract approval for the provision of Fire Slashing Services. The project is for annual fire slashing of Council owned and/or managed roadsides, fire access tracks, unused road reserves, general reserves and other land.

The objective is to:

·                manage fire risk to road users and the surrounding landscape;

·                ensure sight lines and road clearance envelopes are managed in accordance with Council objectives; and

·                ensure fire risk is managed within reserves and other areas.

Sensitive Bushland Reserves are excluded from this project.

The initial contract term is for three years, with the option to extend the contract for a minimum period of one month and a maximum of 36 months.

 

Cr McAllister moved a motion alternate to that printed in the agenda.


 

 

 

Moved: Cr McAllister
Seconded: Cr Higgins

That

1.         Council awards the tender for CT7063 Provision of Fire Slashing Services for an initial three-year contract term, with a combined first year lump sum price of $995,599.00 exclusive of GST and a total estimated lump sum price for the full contract term of six (6) years of $6,639,040.92 exclusive of GST ($7,302,945.01 inclusive of GST and all extension options) to the following:

(a)      Group 1, Area 1: I & P Yeoman Slashing Pty Ltd

(b)      Group 1 Areas 2 & 5: Fern Earthmoving Pty Ltd

(c)       Group 1 Areas 3 & 4 and Group 2: Bells Civil Excavations Pty Ltd

2.         Council note

(a)      an error in the wording on page 123 of the report, relating to fence to fence slashing, and

(b)      that the wording be amended to read “Where accessible, all grass shall be cut with side arm or box slasher for fence to fence slashing, in areas other than batters and table drains”

3.         The Director of Planning and Sustainable Futures be delegated authority to sign the contract documents.

4.         The Director of Planning and Sustainable Futures be delegated authority to extend the contract term by a minimum of one month to a maximum of 36 months for each contract on the terms set out in the original contract.

The confidential attachment to this report remains confidential indefinitely as it relates to matters specified under Section 3(1) (g)(i), (g)(ii) of the Local Government Act 2020.

The motion was Carried unanimously.

 

10.2

Mt Dandenong Preschool pdf icon PDF 177 KB

Minutes:

SUMMARY

During the June 2021 storms the Mount Dandenong Preschool received substantial damage due to a fallen tree. The building was deemed unusable, and the kindergarten program was relocated to a vacant building at Olinda Primary School. Following the storm, council officers have undertaken a needs analysis, explored site options and sought the assistance of the Department of Education (DE) and the Victorian School Building Authority (VSBA) to investigate funding and support to rebuild the preschool.

Following strong advocacy, Council received confirmation in October 2022 that the Mount Dandenong Primary School had been approved by the Minister of Education as the preferred location for the reinstatement of a new preschool building. Ministerial approval covered building an enhanced preschool facility including a multi-purpose community space and consulting room to support other community services.

The damaged preschool, located at 1345 Mount Dandenong Tourist Rd, remains in the hands of Council’s insurer awaiting an agreed settlement to be reached enabling subsequent demolition. This site is Crown Land managed by Council on behalf of the Department of Energy, Environment and Climate Action (DEECA) and reserved for infant welfare purposes only.

It is recommended that Council endorse the preschool development on the primary school site as the preferred location. It is also recommended that Council formally cease land management and any landholder agreement for 1345 Mount Dandenong Tourist Road, Mount Dandenong.

 

Moved: Cr Fullagar
Seconded: Cr Higgins

That Council

1.         Endorse the relocation and redevelopment of Mount Dandenong Kindergarten onto the Mount Dandenong Primary School site with a Kinder Plus model;

2.         Support a $400,000 contribution to the development of the facility to secure space for a ‘Kinder Plus’ service; and

3.         Endorse the recommendation to notify Department of Energy, Environment and Climate Action of council’s intention to cease the Committee of Management landholder arrangement for 1345 Mount Dandenong Tourist Road, Mount Dandenong.

The motion was Carried unanimously.

 

 

10.3

Financial Hardship & Rate Recovery Policy pdf icon PDF 218 KB

Additional documents:

Minutes:

SUMMARY

The current Rate Recovery and Financial Hardship Policy was adopted by Council on 22 March 2022.

An amendment to this policy has been developed to provide Council with a policy framework to provide financial relief to individuals and businesses after amendments to Rating provisions in the Local Government Act 1989 (the Act) received royal assent in August 2022 and will commence on 20 June 2023.

 

Moved: Cr Todorov
Seconded: Cr Fullagar

That Council approves the amended Rate Recovery and Hardship Policy.

The motion was Carried unanimously.

 

10.4

Melbourne East Regional Sport and Recreation Strategy Update 2022-2032 pdf icon PDF 142 KB

Additional documents:

Minutes:

SUMMARY

The Melbourne East Regional Sport and Recreation Strategy (MERSRS) was developed in 2016, to provide the eastern region Councils with a collaborative approach to regional facility provision for sport and recreation. The 2016 MERSRS resulted in several key projects being delivered for Yarra Ranges including the development of the AFL Centre of Excellence at Kilsyth Recreation Reserve, planning and development of the Warburton Mountain Bike Destination project, as well as the development of the Eastern Region Trails Strategy.

A review of the MERSRS has been undertaken to ensure it remains contemporary and responds to the ever-changing sport and recreation landscape.

The reviewed MERSRS highlights key opportunities for Yarra Ranges including:

·                The delivery of the Warburton Mountain Bike Destination project;

·                Consideration of an Urban Aquatics Facility;

·                Support and advocate for the Yarra Ranges Regional Equestrian Park proposed by a third party (or private consortium); and

·                Consideration of a regional sports precinct to cater for a number of sports including multiple cycling disciplines.

The MERSRS also provides direction for regional level planning, collaboration, club development and advocacy.

The MERSRS has been presented to, and endorsed by, the Eastern Region Group of Council’s, and this report seeks Council endorsement.

 

Moved: Cr Todorov
Seconded: Cr McAllister

That Council adopt the Melbourne East Regional Sport and Recreation Strategy 2022-2032.

The motion was Carried unanimously.

 

10.5

CT7134 - Construction of Chirnside Urban Park pdf icon PDF 129 KB

Minutes:

SUMMARY

This report summarises the evaluation process and seeks Council approval for the construction contract for the Chirnside Urban Park Project. 

The project will provide a regional level playspace with a multi-level structure and play elements for all ages and abilities. It will seek to enhance the existing wetlands area to integrate with other proposed activity areas. The project also includes an accessible car park and public toilet amenities building. 

A public open tender process was undertaken in accordance with the Local Government Act and council’s procurement policy.

Tenders closed on 31st March 2023 and ran for a period of 34 days, and eight (8) submissions were received.

The evaluation panel recommends the tender from The Trustee for Burma Family Trust t/as Warrandale Industries Pty Ltd be accepted for a total lump sum price of $3,761,415.68 (exclusive of GST and inclusive of tender options, cost saving initiatives and provisional sums).

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. A confidential attachment has been included with the report which contains commercially sensitive information that is not to be disclosed whilst the meeting is open to the public.

The recommendation in this report has been formally endorsed by the evaluation panel.

 

Moved: Cr Higgins
Seconded: Cr Cox

That 

1.         Council awards the tender from The Trustee for Burma Family Trust t/as Warrandale Industries Pty Ltd for CT7134 Construction of Chirnside Urban Park for the total lump sum price of $3,761,415.68 exclusive of GST, inclusive of tender options and provisional sums and ($4,137,557.25 inclusive of GST).

2.         The Director Built Environment & Infrastructure be delegated the authority to sign the contract documents.

3.         The confidential attachment to this report remains confidential indefinitely as it relates to matters specified under section 3(1)(g)(i),(g)(ii) of the Local Government Act 2020.

The motion was Carried unanimously.

 

10.6

CT5515 - Annual Supply of Works, Services & Products - Extension of Contract pdf icon PDF 218 KB

Minutes:

SUMMARY

The purpose of this report is to seek approval for an extension of the following Contract CT5515, Annual Supply of Works, Services and Products currently held by numerous entities, until 30 June 2024:

The contractors provide essential work and services on Council assets to ensure that the assets are maintained appropriately and continue to deliver an acceptable level of service to the community.  This report outlines the current contract arrangements, financial and service delivery responsibilities and principles for the proposed new contract should the extension be approved.

The contracts are scheduled to conclude on 30 June 2023.

 

Moved: Cr Fullagar
Seconded: Cr Higgins

That Council

1.         In accordance with Council’s Procurement Policy and the existing Terms and Conditions of Contract CT5515 Annual Supply of Works, Services and Products approves and delegates to the Director Built Environment and Infrastructure authority to negotiate an extension to the contract to 30 June 2024 with the existing Contractors:

Plant and Equipment

        Anterior Civil (ABN: 41 078 779 469)

        Bells Civil Excavations Pty Ltd (ABN: 62 169 307 939)

        CA & JK Dargie Contracting Pty Ltd (ABN: 41 141 618 724)

        D & L Excavations Pty Ltd (ABN: 83 093 289 528)

        Dallum Constructions (ABN: 85 364 980 639)

        Downer Edi Works Pty Ltd (ABN: 66 008 709 608)

        Fern Earthmoving Pty Ltd (ABN: 28 081 358 796)

        Taylor Northgate Lodge Pty Ltd (ABN: 94 050 462 345)

        Jotomex Civil Contracting Pty Ltd (ABN: 72 161 928 436)

        Kalow Holdings Pty Ltd (ABN: 51 006 811 641)

        R & J KENT & CO PTY LTD (ABN: 30 006 592 490)

        Michael L Beard & Bronwyn L Carr (ABN: 54 725 195 735)

        State Plant Hire Pty Ltd (ABN: 48 071 212 292)

        Yarra Ranges Fire Management (ABN: 97 140 738 996)

Asphalting

        Jotomex Civil Contracting Pty Ltd (ABN: 72 161 928 436)

        Prestige Paving Pty Ltd (ABN: 84 140 970 912)

        The Trustee For M May Family Trust t/a May Asphalting Group Pty Ltd (ABN: 72 450 624 025)

        M May Family Trust t/a Pro Pave Asphalt Services (ABN: 17 276 185 439)

Asphalt Supply

        Boral Construction Materials Group (ABN: 15 000 028 080)

        Downer Edi Works Pty Ltd (ABN: 66 008 709 608)

Quarry Products

        Boral Construction Materials Group (ABN: 15 000 028 080)

        Casacir Pty Ltd (ABN: 41 090 245 284)

        Castella Quarries Pty Ltd (ABN: 97 138 449 316)

        Dandy Premix Quarries t/as Yarra Valley Quarries (ABN: 57 125 332 989)

Concrete Products

        A&V Creative Concrete Pty Ltd (ABN: 98 947 414 573)

        Foley Services Pty Ltd (ABN: 96 102 222 579)

        G & E & M D'Alessandro Concreting Pty Ltd (ABN: 12 093 355 581)

        Jotomex Civil Contracting Pty Ltd (ABN: 72 161 928 436)

        Prestige Paving Pty Ltd (ABN: 84 140 970 912)

        Ultimate Group Australia Pty Ltd (ABN: 86 132 170 622)

Turf Services  ...  view the full minutes text for item 10.6

10.7

CT5391 - Annual Supply - Mowing, Tractor Slashing & Brush Cutting pdf icon PDF 179 KB

Minutes:

SUMMARY

This report seeks approval for an extension of Contract CT5391, Annual Supply - Mowing, Tractor Slashing & Brush Cutting by three companies, until 30 June 2024:

The contractors provide essential work and services on Council open space assets to ensure that the assets are maintained appropriately and continue to deliver an acceptable level of service to the community.  This report outlines the current contract arrangements, financial and service delivery responsibilities and principles for the proposed new contract should the extension be approved.

The contracts are scheduled to conclude on 30 June 2023.

 

Moved: Cr McAllister
Seconded: Cr Fullagar

That Council

1.         In accordance with Council’s Procurement Policy and the existing Terms and Conditions of Contract CT5391 Annual Supply - Mowing, Tractor Slashing & Brush Cutting, approves and delegates to the Director Built Environment and Infrastructure authority to negotiate an extension to the contract to 30 June 2024 with the existing Contractors:

        Yarra Ranges Fire Management (ABN: 97 140 738 996)

        Yarra Ranges Contracting (ABN: 73 075 330 077)

        Land Management Systems Pty Ltd (ABN: 33 082 231 481)

2.         Authorise the Chief Executive Officer to sign the extension contracts on behalf of Council.

The motion was Carried unanimously.

 

11.

COUNCILLOR MOTIONS pdf icon PDF 28 KB

In accordance with Chapter 3, Division 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

Minutes:

In accordance with Chapter 3, Division 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

 

There were no Councillor motions listed on the agenda for this meeting.

12.

ITEMS THROUGH THE CHAIR pdf icon PDF 27 KB

Minutes:

12.1    Short Term Accommodation

 

Cr McAllister requested an update on short term accommodation within the municipality come to Forum in the immediate future. Noting Mornington Peninsula Shire Council and Port Phillip Council have both recently had decision go through the chamber.

 

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr Fullagar

-       Attended the Eastern Transport Coalition on the 18 May 2023 via Videoconfernce.

 

-       Chaired, in the absence of Cr Todorov, the Health and Wellbeing Advisory Group meeting held on 18 May 2023 at the Yarra Ranges Council Civic Centre.

 

Cr Todorov

-           Attended the Australia Local Government Women’s Association National Conference on 17 May to 20 May 2023 at Cape Schanck Resort, Mornington Peninsula. Cr Skelton also attended the Conference.

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 84 KB

In accordance with Clause 87 of the Meeting Procedures and Use of Common Seal Local Law 2015, as prescribed by Section 14(2)(c) of the Local Government Act 2020.

Minutes:

SUMMARY

It was requested that the following document be signed and sealed:

Letter Under Seal – Ian Furness

A letter under seal has been prepared in recognition of Ian Furness who is retiring after 22 years of service with Yarra Ranges Council, working as a Parks Maintenance Crew Member.

Moved: Cr Child
Seconded: Cr Higgins

That the following listed document be signed and sealed:

Letter Under Seal – Ian Furness

The motion was Carried unanimously.

 

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 91 KB

Additional documents:

Minutes:

Moved: Cr Child
Seconded: Cr Cox

That the records of the Informal Meetings of Councillors, copies of which are attached to the report, be received and noted.

The motion was Carried unanimously.

 

16.

URGENT BUSINESS pdf icon PDF 28 KB

In accordance with Chapter 3 Rule 24 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

Minutes:

There was no Urgent Business received for this meeting.

17.

CONFIDENTIAL ITEMS pdf icon PDF 28 KB

In accordance with section 66(2)(a) of the Local Government Act 2020.

Minutes:

In accordance with section 66(2)(a) of the Local Government Act 2020.

 

There were no Confidential Items listed on the agenda for this meeting.

 

18.

DATE OF NEXT MEETING pdf icon PDF 28 KB

Additional documents: